The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1887-11-26
GRENADA. MISS, SATURDAY, NOVEMBER 26. 1881

Pattison, Sc Miss. 1Gl,) If anything is said IN
Moore VS.. the State, 36 Miss, lS7, and in Beall
vs. the State, 80 Miss, 7l5, enlarged to right to
bail beyond what have stated, it was ap-
propriately qualified in ex-parte Bridewell,
supra.
1t was declared in eX-parte Wray, 80 Miss,
673, and in ex-parte Bridewell, 81 Miss, 80, and
that there is q well-founded reasonable
doubt of the guilt of a prisoner. 1t cannot be
said that the proof is evident or the presump-
ton great of his guilt, and it is well-ap-
proved doctrine in this state that whereupon
the evidence there is probability Of the
prisoners innocence, there must be a reason
BILE doubt of MS guilt. (Nelms VS.. the State,
IS, Miss, 1862; Nixon VS.. the State, So Miss,
s25 Browning VS., the State 80 Miss, 656.)
The policy of the constitution and laws OF
Mississippi in regard to bail is liberal and was
expressly characterized as such by Judge
Harris, speaking for the high court OF errors
and anpeals in Moore VS., the State, 81 MISS,
lM. Ifthis policy has been changed, or II
there is any reason why it should be changed
at this day, have not been advised of ii.
The constitution on the subject is the same
now that 1t was then, and no such change
has been wrought by statute or any decision
~ this court and If there is any decision OF
this court which can be properly construed
by anybody to have such effect, DO not
can not, and will not subscribe 1T. !.
such is the law of the land as understand
IT. and 1t applies without fear, flavor
OF affection to all alike. The judicial ofhcei
who hears an application for bail is the
| trier OF the facts, and must determine on his
own Judgment and conscience whether the
offenders under the law warrants bail or not,
hut in doing so is governed by the estab-
ished rules Of law, such as nave s'ateo--a
matter OF SO much importance and cspaoie OF
| hecoming O source OF much vexat!on ana
imnression is not and shall not be left to Tie
mere caprice or will, or pleasure of any court
| or onv officer, When called upon here to re-
View Judgment denying bail, we are gov
.,ned by The same rules Of law which con-
,r,Js the action of the officer below. We ac-
oord to his Judgment the prima facia pre-
s,,n,ntion of correctness which attaches to
the Judgment of all courts of competent juris-
dictlou, and place proper estimate on the
advantages which he enjoyed for determin-
;ng the credibility of witnesses by seeing
ond hearing them testify. But what weight
shall he ascribed by the appellate court must
Idepend upon the circumstances OF each case
There is no cast iron rule on the supJect
n is certain that there are several cases III
this State in which bail was denied pelo" on
| these facts. and which were afterWard re-
versed on appeal and bail granted here on
the same facts, and ia cts as strong against 'he
prisoner, it seems to me, as those Ill the case
i, before us, It seems to me tha' on'
, can properly attach put little l"por'
t.n.a in the case at bar to the Con
Ic,us,on of the Chancellor as to the fact TO-
our unanimous opinion, reversing the judg
ment as to Eubanks, explodes, as far as ou
liudement can do so, the theory OF conspiracy
Sand of more persons than Hamilton ant
Gambrell being engaged in the tragedy, upol
which the prosecution has been conouc'eo
and upon which the Judgment OF the Cnan
, cellor was evidently based. Rejecting, then
as we all do, the theory Of the State as 10 how
I the homicide occurred, IL becomes Vital t
know how the fatal difficulty commenced OF
| the bridge; what was the first demonstration
/ made by whom; what was first thing said o
!. done on the meeting of the two hostile me-
/ under circumstances In which the shgntes
! movement on tho part Of the one would nav
, heen accepted as tocsin Of war by the othel
There are in addition to the facts several ey
| witnesses to the transaction whose testimon
on these points, if credited, relieves Hami
ton from criminality, and cannot say tha
| II was impossible for the facts to have ot
, curred TO which they testify. There is, to sa
Il the least of 1t, such uncertainty as to produc
we'll sounded and reasonable doubt in m
:, Indictment and am bound under the law
resolve such doubt in favor OF the prisoner.
The trial below, being conducted on tn
!. conspiracy theory, manifestly enlarged tt
!. scope OF Investigation, as testimony was il
a troduced greatly to the disadvantage of Han
: ,lton and 1t seems to me that common justi'
and fairness appeal in his favor tor anoth
"a hearing for his liberty on the merits Of Il
- case. disconnected from the burdens Whit
=. we all believe were unjustly imposed upt
:. him in the trial below. To disregard SUI
considerations may be lawful, but 1t cam
he iust Entertaining these views Of the ls
=. and the fact, 1t Is my opinion that on settl
principles, the judgment should be reversed
-, 10 Hamilton as UeU as to Eubdnks.
~ By agreement between counsel for rela
~ Eubanks and counsel for the State, the col
:. complied with the petition to name Euban
~ bail, which was accordingly fixed at S.;
~ and q mandate OF the Supreme Court iDmt
=, lately issued therefor, and Eubanks gave
=. bond at once and was discharged.
Il. Ihave used Marsden's Pectoral Ba